Umesh Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4126 of 2017 Umesh Pandey S/o Abhimanyu Pandey Aged About 42 Years R/o Village Binta, Police Station Mardom, District Bastar, CG. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Mardom, District Bastar, Chhattisgarh. ---- Respondent For applicant Mr. S.B. Pandey, Adv.

For Respondent/State Mr. Neeraj Mehta, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 25-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 2-6-2017 in connection with Crime No. 17/2017 registered in PS Mardom, Distt. Bastar (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same is pending before the JMFC, Jagdalpur (CG) as criminal case No. 652/2017. This is his first bail application before this Court. He is first offender. As per allegation, 302.400 bulk litre liquor has been seized from the conscious possession of the applicant without any licence or permission. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time.

4. Per contra, learned State counsel opposes the bail application

on the basis of huge quantity of liquor so seized from the applicant. Hence the bail application may be dismissed.

5. Perused the matter.

6. Looking to the evidence collected in the charge sheet regarding commission of offence, huge quantity of the liquor so seized from the applicant, I am not inclined to grant bail to the applicant.

7. Consequently, instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak